760
14 CFR Ch. I (1–1–24 Edition)
§ 91.709
§ 91.709
Operations to Cuba.
No person may operate a civil air-
craft from the United States to Cuba
unless—
(a) Departure is from an inter-
national airport of entry designated in
§ 6.13 of the Air Commerce Regulations
of the Bureau of Customs (19 CFR 6.13);
and
(b) In the case of departure from any
of the 48 contiguous States or the Dis-
trict of Columbia, the pilot in com-
mand of the aircraft has filed—
(1) A DVFR or IFR flight plan as pre-
scribed in § 99.11 or § 99.13 of this chap-
ter; and
(2) A written statement, within 1
hour before departure, with the Office
of Immigration and Naturalization
Service at the airport of departure,
containing—
(i) All information in the flight plan;
(ii) The name of each occupant of the
aircraft;
(iii) The number of occupants of the
aircraft; and
(iv) A description of the cargo, if any.
This section does not apply to the oper-
ation of aircraft by a scheduled air car-
rier over routes authorized in oper-
ations specifications issued by the Ad-
ministrator.
(Approved by the Office of Management and
Budget under control number 2120–0005)
§ 91.711
Special rules for foreign civil
aircraft.
(a)
General. In addition to the other
applicable regulations of this part,
each person operating a foreign civil
aircraft within the United States shall
comply with this section.
(b)
VFR. No person may conduct VFR
operations which require two-way
radio communications under this part
unless at least one crewmember of that
aircraft is able to conduct two-way
radio communications in the English
language and is on duty during that op-
eration.
(c)
IFR. No person may operate a for-
eign civil aircraft under IFR unless—
(1) That aircraft is equipped with—
(i) Radio equipment allowing two-
way radio communication with ATC
when it is operated in controlled air-
space; and
(ii) Navigation equipment suitable
for the route to be flown.
(2) Each person piloting the air-
craft—
(i) Holds a current United States in-
strument rating or is authorized by his
foreign airman certificate to pilot
under IFR; and
(ii) Is thoroughly familiar with the
United States en route, holding, and
letdown procedures; and
(3) At least one crewmember of that
aircraft is able to conduct two-way ra-
diotelephone communications in the
English language and that crewmember
is on duty while the aircraft is ap-
proaching, operating within, or leaving
the United States.
(d)
Over water. Each person operating
a foreign civil aircraft over water off
the shores of the United States shall
give flight notification or file a flight
plan in accordance with the Supple-
mentary Procedures for the ICAO re-
gion concerned.
(e)
Flight at and above FL 240. If VOR
navigation equipment is required under
paragraph (c)(1)(ii) of this section, no
person may operate a foreign civil air-
craft within the 50 States and the Dis-
trict of Columbia at or above FL 240,
unless the aircraft is equipped with ap-
proved DME or a suitable RNAV sys-
tem. When the DME or RNAV system
required by this paragraph fails at and
above FL 240, the pilot in command of
the aircraft must notify ATC imme-
diately and may then continue oper-
ations at and above FL 240 to the next
airport of intended landing where re-
pairs or replacement of the equipment
can be made. A foreign civil aircraft
may be operated within the 50 States
and the District of Columbia at or
above FL 240 without DME or an RNAV
system when operated for the following
purposes, and ATC is notified before
each takeoff:
(1) Ferry flights to and from a place
in the United States where repairs or
alterations are to be made.
(2) Ferry flights to a new country of
registry.
(3) Flight of a new aircraft of U.S.
manufacture for the purpose of—
(i) Flight testing the aircraft;
(ii) Training foreign flight crews in
the operation of the aircraft; or
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